Child Guardianship

[CrazyDuchess]

hello,

I have a child who has no interaction with her birth father.
How do I arrange a guardianship for my dc in case anything happens to me? I have a trusted friend (not blood relative) that I would like dc to go to and i can get bio dad to agree.

Is this just a will or something more? Do I need a written statement from bio dad that agrees to guardianship?

Any advice much appreciated

That's helpful.

Is there nothing I can do prior to death to ensure, or secure my dc future?

Not that I am planning to die anytime soon, however I am in hospital soon and just want affairs in order.... do I need a solicitor?

Yes, you definitely need a solicitor. Doing a DIY will is too big of a risk, especially when you have dc to consider.

If you want to remove his parental rights you need to go to court. The result is dependent on her age and how long he has been absent and his wishes. If he is happy to do this then it's relatively easy. If he isn't you have a battle on your hands.

I am in the same boat, but the courts have said he has no access. But ironically he still has parental rights. It takes five years of none communication before I even get a chance to remove him. And even then he will contest it. I can't wait until she is of legal age where she can choose herself.

If you want to remove his parental rights you need to go to court. The result is dependent on her age and how long he has been absent and his wishes. If he is happy to do this then it's relatively easy. If he isn't you have a battle on your hands.

I am in the same boat, but the courts have said he has no access. But ironically he still has parental rights. It takes five years of none communication before I even get a chance to remove him. And even then he will contest it. I can't wait until she is of legal age where she can choose herself.

Sorry I did that twice! I'm useless with technology and have no clue how to delete!

This is helpful thank you.

He doesn't want access and is happy for me to have total responsibility. I just want to try to preserve that in in the event of my death and any inheritance to go to her in trust until she turns 18 and can have full control.

I think I will engage a family solicitor

If he has PR your guardian appointment won't be effective to give the guardian PR unless both parents are dead. The only exception is if you have a Child Arrangements Order specifying that the child lives with you. A solicitor will be able to advise you further

If you want to remove his parental rights you need to go to court

It is parental responsibility, not parental rights. If you were married to him you cannot remove his PR. If you were not married to him you can try to have his PR removed but it is unlikely you would succeed. The courts are reluctant to remove PR and only do so when it is necessary to protect the child from serious harm.

You can control what happens to her inheritance. Your will can ensure it goes into trust until she is 18.

Even if your appointment of a guardian isn't effective, it doesn't mean your child will go to him if you die. If there is a dispute about where she lives the courts will decide what is in her best interests. If he has no involvement with her at all and you've named as guardian someone she knows well it is very unlikely the courts would order that she lives with her father.

Sorry have just seen further replies.

Fully aware about PR, not looking to remove it.

All advice very helpful - thank you